As in some other FCPA cases, the bribes paid in this case were ultimately unsuccessful. Here, the company paid an official to revoke a requirement in a regulation that effectively prevented them from marketing a product in that country. Ultimately, however, the government did not revoke the requirement.

This was an early case in which a monitor was a part of the disposition. At the end of the deferred prosecution agreement, having learned of no new violations, the Department of Justice moved for dismissal of the case, which was granted.

Industry:

Agriculture-Nonfood

Country:

Indonesia

Date of Conduct:

1997; 1998; 1999; 2000; 2001; 2002

Officials:

Senior Indonesia Ministry of Environment official

Facts:

In March 2001, Monsanto noticed possible financial irregularities within its Indonesian affiliates and began an internal investigation. The inquiry eventually revealed that a Monsanto officer authorized the payment of a $50,000 bribe to a senior Indonesian Environment Official to induce the repeal of a government decree. The decree required an environmental impact assessment study prior to the cultivation of certain agricultural products and would have prevented Monsanto from cultivating certain of its genetically modified crops in Indonesia. In addition, Monsanto inaccurately recorded $700,000 of other questionable payments to various other government officials in its books.

The DOJ charged Monsanto with violations of the FCPA as well as failing to report various payments in its books and records. Pursuant to a three-year deferred prosecution agreement, Monsanto paid a $1M penalty and retained a compliance consultant. On March 5, 2008, at the close of three years, the charges against Monsanto were dismissed.